DOL Implements New Rule Addressing Compensation Rates Under LHWCA

The Department of Labor’s Office of Workers’ Compensation program has implemented a new rule addressing provisions on maximum and minimum compensation rates payable under Section 6[c] of the Longshore & Harbor Workers’ Compensation Act.

The DOL proposed specific rules to clarify which maximum compensation rates apply to any particular injury under the “newly awarded” and “currently receiving” clauses under Section 6. Additionally, the rules implement a mechanism for annual adjustments to those receiving permanent and total disability benefits pursuant to Section 10(f). The goals of the new rules and regulations, according to the DOL, are to ensure that injured workers’ are compensated adequately and that employers paying benefits are aware of their responsibilities under the Act. These new regulations went into effect on May 21, 2018.

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